Opinion
Case No. 3:15-cv-65
04-27-2016
DAVID VERNON BRAY, JR., Petitioner, v. HOMER BRYSON, Commissioner, Respondent.
Proceedings under 28 U.S.C. § 2254
ORDER ON THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation of the United States Magistrate Judge [Doc. 14] to dismiss Petitioner's Petition seeking a writ of habeas corpus under 28 U.S.C. § 2254 [Doc. 1] and deny Petitioner's "Motion for Discovery" [Doc. 5] and request for an evidentiary hearing. Petitioner did not file an objection to the Recommendation, and the time in which to do so has expired. Having considered the matter, the Court agrees with the findings and conclusions of the United States Magistrate Judge. Accordingly, the Report and Recommendation [Doc. 14] is ADOPTED and MADE THE ORDER OF THE COURT. Petitioner's Petition is DISMISSED [Doc. 1] and Petitioner's Motion [Doc. 5] and request for evidentiary hearing is DENIED for the reasons set forth in the Recommendation.
Additionally, because Petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED.
SO ORDERED, this 27th day of April, 2016.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE JRF